Read the concurring opinion from Judge Sack. He calls into question the entire FISA court's non-adversarial process, comparing it to the proceedings against the New York Times during the Pentagon Papers era:
Agreed, his part is fascinating, and of a completely different tone than the rest and your usual appellate court decisions with their narrowly drawn exactitudes. His reads more like an essay than a legal opinion in places.
And yes, he is essentially saying that the FISA court is fundamentally flawed as it does not allow for all relevant parties to have their arguments heard.
His concurring opinion starts at page 98.
http://www.ca2.uscourts.gov/decisions/isysquery/cb3868fe-b18...